Order 2013-12-13

Served: December 23, 2013

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 23rd day of December, 2013

Essential Air Service at

CODY, WYOMING

Under 49 U.S.C. 41731 et seq. 

DOCKET DOT-OST-2011-0121

ORDER EXTENDING SERVICE OBLIGATION

Summary

By this Order, the Department of Transportation extends the Essential Air Service (EAS) 

obligation of SkyWest Airlines, operating as United Express (SkyWest/United Express), at 

Cody, Wyoming, for an additional 30 days, through January 27, 2014.

Background

On August 1, 2013, SkyWest/United Express filed a 90-day notice with the Department of its 

intent to terminate its unsubsidized service in the Cody-Denver market, effective 

November 1, 2013. By Order 2013-10-15, (October 29, 2013), the Department prohibited 

SkyWest/United Express from suspending service through November 28, 2013, and requested 

proposals from air carriers interested in providing replacement service. In response to our 

request, SkyWest Airlines, operating as Delta Connection (SkyWest/Delta Connection) submitted 

a proposal to serve Cody-Salt Lake City on a year-round basis, and SkyWest/United Express 

submitted a proposal to serve Cody-Denver for eight months of the year, with the remaining four 

months served on a subsidy-free basis. 

Since a new air carrier has not been selected to provide replacement EAS at the communities,

we must extend SkyWest/United Express’ service obligation for an additional 30 days, or until 

replacement service begins, whichever occurs first, in accordance with 49 U.S.C. § 41734(c).

This Order is issued under authority assigned in 14 CFR 385.12(k)(5).
2

ACCORDINGLY,

1. We require SkyWest/United Express to provide the level of service at Cody, Wyoming, as set 

forth in Order 2013-10-15, for an additional 30-day period through January 27, 2014, or until an 

air carrier capable of providing reliable EAS actually begins service, whichever is first;

1

2. We direct SkyWest/United Express to retain all books, records, and other source and 

summary documentation to support subsidy claims for payment, and to preserve and maintain 

such documentation in a manner that readily permits its audit and examination by representatives 

of the Department. Such documentation shall be retained for seven years from the service date 

of this Order or until the Department indicates that the records may be destroyed, whichever 

comes first. Copies of flight logs for aircraft sold or disposed of must be retained. The carrier 

may forfeit its compensation for any claim that is not supported under the terms of this Order;

3. This docket will remain open until further order of the Department; and

4. The Department will service a copy of this Order on the mayor of Cody, the airport manager 

at Yellowstone Regional Airport, and the service list for this docket.

Persons entitled to petition the Department for review of this Order under the Department’s 

Aviation Economic Regulations, 14 CFR 385.31(a), must file such petitions within seven (7) 

days after the date of service of this order.

This Order will be effective immediately, and the filing of a petition for review shall not 

preclude its effectiveness.

By:

TODD M. HOMAN

Director

Office of Aviation Analysis

(SEAL)

An electronic version of this document is available on the World Wide Web at

www.regulations.gov

 1 In accordance with 49 U.S.C. §41734(c), we will extend SkyWest/United Express’ service obligation for 

successive 30-day periods as necessary until replacement service actually begins.
APPENDIX A

Essential Air Service to be Maintained at Cody, Wyoming

Effective Period: December 29, 2013, through January 28, 2014

Scheduled Service: One daily round trip (7 a week) to Denver International Airport

Aircraft: 50-seat Canadair Regional Jet 200 (CRJ 200)